well. he used other words. thanks for inviting us into your home tonight. that's it for "special report." good to be back fair, balanced and still unafraid. >> shepard: this is the fox report. tonight, the country music star randy travis critical at a hospital in texas. plus, details of the chaos in the cockpit just seconds before the plane crashed in san francisco. was it pilot error? investigators say the jet was flying too low and too slow right before impact. >> the engine about 50% power. >> shepard: passengers and first responders tell what they saw. >> everything fell apart. people got trapped climbing over stuff to get out. >> we encountered fire initially as we got into the fuselage. >> shepard: tonight, the moments of terror on board and what we have now

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learned about this crash. but first from fox this monday night, a fox urgent. late word that the country music star randy travis is right now critical condition at a hospital in texas. the 54-year-old grammy winner's publicist says is he suffering from acquired viral cardio my opathy. according to the mayo clinic that can lead to heart failure. randy travis is having quite a year. in january his lawyers said doctors were treating the singer for alcoholism after randy travis was involved in a string of highly publicized incidents. the most notorious from last august. then, police found him lying naked in the middle of a road, smelling of alcohol as they put it after apparently crashing his car. officers on scene claim he slammed into a construction zone and threatened to, quote: shoot and kill them when they tried to arrest him. his stardom is undeniable. randy travis sold more than

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25 million records. and won more than two dozen major awards. tonight, serious concerns for a man in critical condition. trace gallagher with our fox top story live from our west coast news hub. trace, what are we learning? >> we are learning, shep, he was taken to a dallas hospital late yesterday. so he has been in critical condition now for almost 24 hours and doctors say that is not a good sign. cardio myopathy can be brought on he by three things basically long term high pressure issues. long term excessive alcohol use and a virus. if this was, in fact, brought on by a virus, heart doctors say sometimes it's very difficult for the body to fight it. listen. >> the patient has not had any time to adapt to the weakened heart muscle. their blood pressure typically gets very low. they have trouble breathing. fluid backs up in their lungs. often they have to get put on rest pier rars and vent vented later so they can breathe properly.

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when it happens all of a sudden like that we don't have time to compensate. >> use the rule of thirds, one third get better, one 30 get worse and some don't change at all. some severe cases of cardio myopathy, shep, they will go on to a heart transplant list. we do not yet know if randy travis is at that level. shep? >> shepard: as mentioned he has had several run-ins with the law. >> if you just look at last year alone, he was arrested last year for public intoxication. he was also arrested for a domestic dispute involving his fiance and her ex-husband. and then the case that you mentioned the drunk driving arrest where he was found naked in the road. because he threatened a police officer in that case, he was actually sentenced to 180 days in jail. that was lowered subsequently to two years probation as long as randy travis entered into alcohol rehab for 30 days. he entered the rehab program, said he quit drinking, but it's clear if

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that remains the case as of the time that he went into the hospital. shep? >> shepard: updates as warranted. trace gallagher, thanks. there were enormous developments today at the murder trial of george zimmerman. they involve a key 911 call from the night of the shooting. testimony from the father of trayvon martin himself, and a very big ruling from the judge about what the jury can hear. let's start with the 911 call. it's the one that a neighbor made in the moments before george zimmerman shot trayvon martin during a confrontation last year. today, we heard defense witnesses say again and again that a voice in the background screaming for help belongs to zimmerman, not the teenager. >> 911. coulddo you need police, fire r medical? [screams] >> maybe both. i'm not sure. there is just someone screaming outside. >> do you know whose voice that is in the background screaming? >> yes. definitely. it's georgey. >> my immediate reaction was that's gorge's voice. >> there is absolutely no doubt in my mind that is

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george zimmerman. >> shepard: the former lead investigator on this case testified trayvon martin's father acknowledged that was not his son screaming. in the very early moments after it happened. and, however, today in court, the father denied he ever said it. >> i didn't tell them no, that wasn't trayvon. i kind of -- i think the chairs had wheels on them. i kind of pushed away from the -- away from the table and just kind of shook my head and said i can't tell. >> so your words were i can't tell? >> something to that effect. but i never said, no, that wasn't my son's voice. >> shepard: determining who was yelling for help is vital because it could help the jury decide who was the aggressor here. but make no mistake this served another purpose. to get person after person after person to come up and say, in essence, george zimmerman is a great guy. the judge also ruled today jurors can hear about a toxicology report that shows trayvon martin had marijuana in his system or at least thc the active

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ingredient therein when he died. it's a development that could effect the outcome of this case. phil keating with the news live at the courthouse in central florida. that's just one piece of several key rulings today. >> the jury had already gone to their sequestered hotel. the jury will decide on one issue first thing tomorrow morning at 8:30. continuing with the marijuana ruling, this is a key victory for the defense. the defense argues that trayvon martin smoking pot that night would have effected his physical agitation or mental perception and that the 7/11 video shows a stoned teenager swaying at the counter. the judge also ruled against prosecutors who wanted to toss out john donley's voice id of zimmerman's screams since he heard the recording after the deposition but before today's testimony and still to come, whether this jury will be allowed to see, perhaps tomorrow or wednesday, a defense made computer am nation depicting the final minutes between zimmerman and martin including the fatal

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gunshot the state objects saying it's full of inaccuracies and will confuse the jury. shep? >> phil, we are in the defense's case in chief here obviously. today the defense for george zimmerman called trayvon martin's father to the stand. is there a sense there that that might have been a potential misfire? >> shep, potentially, i mean, that was a dramatic and risky move to put the father of the victim on the stand to testify to the benefit of the man who admits shooting and killing his son. perhaps the defense did not clearly anticipate how tracy martin would clarify what he said when first listening to those screams now saying that he never fully ruled it out that it was trayvon. the defense did get the two detectives to testify today that tracy martin did tell them originally it was not his son. two other witnesses today also came with some problems. the osu ermans testified that the screams were absolutely george zimmerman. but since they co-wrote the book defending our friend, the most hated man in america, that allowed

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prosecutor bernie to really question them and question whether or not their testimony was biased since they may have a financial interest in the outcome of this case as all of the profits of those book sales will go to george zimmerman's legal defense debt. shep? >> phil keating, thanks. the jumbo jet that crashed at san francisco's airport on saturday was going about 40 miles per hour slower than it should have been in the final seconds before impact. that's what the head of the national inspection safety board said today. and tonight we're getting a new look at the it wreckage inside the plane. asiana airport reports the pilot had never landed a boeing 767 at the san francisco airport. he had 10,000 hours of experience flying other jets but only 43 hours on this type. >> it was a captain who was working on his initial operating experience in 777. he was an experienced pilot and a prior captain but he was working on getting his

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rating on the 777 and getting initial operating experience on the 777. >> shepard: investigators say the plane's tail hit the sea wall dragging debris for hundreds of feet down that runway. they tell us they found part of the tail section in san francisco bay. and some amateur video of passengers escaping down the emergency slides right after that crash. officials say almost 200 people were hurt. two passengers died. both were teenage girls from china headed to summer camp here in the united states. there is a big group of them. tonight, investigators say one girl may have died after a rescue vehicle ran her over on the runway? claudia cowan is live at sfo this afternoon. i guess the investigators are saying they are still looking into that. right, claudia? >> that's exactly what they are saying, shepard. it's hard to imagine somebody surviving this plane crash only to be struck and killed by a responding emergency vehicle. but authorities are looking into that tonight because they say one of the victims' injuries were consistent not with being burned in a plane crash but

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with being run over by a vehicle. we have obtained pictures of these two 16-year-old girls from china. they are being remembered tonight as top students and close friends. officials say one of the girls was ejected from the plane. the other was found outside the wreckage near the emergency slide. federal investigators say airport surveillance video did not show definitively what happened to her. and the coroner has not yet determined a cause of death. both these teenagers' parents are on their way here from china and they will receive the autopsy results before they are made public. shepard? >> shepard: claudia, first responders with some incredible stories out of there. >> yeah. they spoke to reporters this morning and described how they encountered smoke and leaking jet fuel and some very dicey situations getting to the frantic passengers on board who were trapped in their seat belts. >> when we first got back there and saw these people, it was actually pretty clear back there. there was not a lot of smoke.

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there was not a lot of fire. but, by the time we removed the final victim, the conditions were that the fire was banking down on us. we had heavy black smoke. so, i feel very lucky and blessed that we were able to get those people out in that time. >> 225 first responders on scene there within minutes. shepard, a will the of credit is also being given to the well-trained crew there aboard asiana flight 214. >> shepard: claudia cowan at sso tonight. thank you. we are also hearing dramatic details from some of the passengers who survived that crash. one mother says she managed to escape with her 4-year-old son not down the emergency shoot chute but through a hole in the jet. >> i had the time to walk out because the hole was very close to my seat, so i take my baby and just take my carry on baggage and walk out. when i see the picture with the fire, whoa, it's horrible. >> shepard: another mother

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says her 8-year-old son was a lot braver than she. >> he told me mom, we must go out and he run out of the plane and he jumped down first. and i come out. i am so proud of him. he didn't cry. and i cried. my son doesn't cry. >> shepard: then there is the san francisco police officer jim cunningham, he ran into the wreckage of the plane without the protective equipment that a firefighter would have to help rescue people. of course he insists is he not a hero. >> i just knew that those people were trapped in there and they needed help. i was just doing my job. >> he is a hero. [ laughter ] >> is he obviously a hero. officer cunningham didn't just rescue people. he says he also grabbed a few iphones that passengers had left behind because he knew their families would be trying to contact them. man those first responders in san francisco, kudos. dozens are dead in egypt as fox reports tonight as soldiers fight with demonstrators and it's

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allies of the country's former president get their way, this could be only the beginning. plus, buildings destroyed and lots of people missing after a major explosion in the heart of a major city. and an internal report on how usama bin laden stayed hidden for all those years. there are stunning accusations. and the arch terrorist'' apparent love of cowboy clothing. that's coming up from the journalists of fox news on this monday fox report. ello. mother. mother! traveling is easy with the venture card because you can fly any airline anytime. two words. double miles! this guy can act. wanna play dodge rock? oh, you guys! and with double miles you can actuay use, you never miss the fun. beard growing contest and go! ♪ win! what's in your wallet?

>> shepard: what a mess in egypt the political organization of egypt's former president has called out for all out rebellion against the country's military after that country's crisis grew much more deadly today. supporters of the former president mohammed morsi and his organization the muslim brotherhood have gathered outside a mosque tonight in cairo. that's near where more than 50 people died in fighting

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earlier between pro-morsi demonstrators and the country's military it happened outside the republican guard barracks in the city. those demonstrators say soldiers fired on them first. the military claims though that this video proves gunmen tried to storm the barracks. it also reports an army officer and two policemen died. though fox news can't confirm any of this. you can see here just how close the barracks are to the mosque. the generals overthrew mohammed morsi on wednesday and put an interim president in his place. we learned just a short time ago that the interim president has set new elections for the parliament for early next year. greg palkot live for us in cairo. greg? >> hey, shep. by most accounts there have been no clashes tonight here in cairo yet. but i spoke with one eyewitness who was at the scene of monday's violence and he called that ugly. now, that occurred where some have thought that the deposed egyptian president mohammed morsi has been detained by authorities.

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the muslim brother activist described the incident as a blood bath, a massacre and some accounts do back up their claim that the soldiers fired live ammunition into the crowd. security officials do claim though that there were terrorists inside that crowd that fired back at the soldiers and soldiers were simply defending the building whichever account is correct, the incident has pushed the two sides even further apart in this deadly situation. a leading muslim figure warning on monday that there will be a civil war in this country. support for the military backed interim government has weakened as they scramble tonight to put out a so-called road map or a handover of power back to a civilian democratically elected rule. one thing though we are seeing among many people out in the street in the past couple of days, a perceived u.s. mishandling of the situation. the pro-morsi camp thinks that the white house must have backed what they have openly branded a military

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coup and the anti-morsi camp say that washington stuck for way too long might still be sticking with a very unpopular ruler. on tuesday, more protests are planned. maybe more trouble. shep? >> shepard: well, greg, the president, president obama that is has been very careful not to call the crisis in egypt a military coup. the chief fox report correspondent jonathan hunt will explain why the white house is dancing around this billion-dollar-plus issue. that's coming up inside fox report. first though, crews in canada are still trying to find dozens of people after a run away train carrying tens of thousands of gallons of oil derailed and exploded and wiped out much of a city. it happened saturday in southern quebec, about 20 miles from the border with the united states. the train's owner says the 73 tanker cars were parked up hill when they somehow came loose. officials say at least 13 people are dead, about 40 others missing. the explosions destroyed some 30 buildings, including a library and a bar filled with people at

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the time. the secretary of state john kerry's wife is in the hospital as fox reports tonight. theresa heinz carrie is also the multimillionaire heinz ketchup harris. tonight we are getting update on her condition. first, it was the former sexting congressman anthony weiner running for new york mayor. now, client number 9 to make a come back. can eliot spitzer get back into politics after his prostitution scandal? that's coming up as fox reports live tonight.

>> shepard: the disgraced former new york governor eliot spitzer who was once named forever and always client number 9 drew some heckling in manhattan today as he collected signatures

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for new campaign for the office of new york city's comptroller. >> you lied. you cheated on your family. >> that heckler you heard was, of course, referring to spitzer's prostitution scandal that led the democrat to resign as governor of the state in 2008. he announced late last night that he is running for comptroller which is essentially a manager of the city's finances who advises the mayor and the city council. this comes after former congressman anthony weiner recently began his bid for new york city mayor after a sexting scandal pushed him out of the house in 2011. both are seen as real contenders. a boston hospital has upgraded secretary of state john kerry's house theresa hinds kerry from critical to fair condition according to the recording of the associated press the source close to the family says heinz kerry yesterday afternoon showed symptoms consistent with a seizure. she flew on her own plane to boston last night after first going to hospital on nantucket where she and her family had spent the holiday weekend.

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the now 74-year-old is also heir to the heinz ketchup fortune and has a reported net worth of up to $1.2 billion. that money comes from her previous marriage to the former pennsylvania senator john heinz iii. he died in 1991 in a helicopter crash. molly line with the rest of the story outside of the hospital in boston. what are we learning about her condition? >> well, shep, after running tests last night and well into today, doctors here at mass general hospital have upgraded her condition to fair it had been critical. at her bedside throughout the day her us u.s. secretary of state john kerry has been with her throughout this medical ordeal traveling first to hospital in nantucket and finally coming over to mass general yesterday being rushed to the neuroscience inteive tensive care unit here. a spokesperson for kerry says that she has been undergoing further evaluation and the secretary of state john kerry, her son, as well as other family members have been with her throughout this illness. the family says that they are touched by the outpouring of well wishes

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as well. secretary kerry fortunately has a residence near, he and his wife have a home on beacon hill where he was able to spend the night last night. heinz kerry has this h. some health concerns in the past. she is a breast cancer survivor in 2009 she was diagnosed. and around the time that she was receiving treatment for that she had fallen in her home and actually struck her head. no word as to whether or not that injury has anything to do with incident that's happened here in the hospital but the good news is that she has been upgraded to fair today. shep? >> shepard: molly line at mass gen in boston. manny alvarez says aging increases risk of seizures after 60 anyway. several health conditions risk of seizures including strokes and brain tumors. killing into usama bin laden blames that country's own intelligence service for allowing the world's most wanted terrorist to live there for nearly a decade. the al jazeera satellite television channel obtained and released the report it

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found usama bin laden lived in a half dozen different locations in inside pakistan. and if called to pakistan intelligence and security services incompetent and negligent for allowing that to happen. the extent of incompetence to put it mildly was astounding if not believable. the report noted that bin laden wore a cow boy boy hat when he strolled outside the dom pound so eyes in the sky could live him it contained a claim that usama bin laden was clearly captured when a policeman pulled him over for speeding. that was about 10 years ago. the officer failed to record usama bin laden. um-huh. so far no public response from anyone in pakistan ed snowden again. of which his predictions have already come true. plus, folks rushed to get their umbrellas ready as a

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wall of water burst through a dam. it's all part of a show though. we'll tell you where. it's coming up as we approach the bottom of the hour and the top of the news. especially when it comes to my investments. you want a broker you can trust. a lot of guys at the other firms seemed more focused on selling than their clients. that's why i stopped working at my old brokerage and became a financial consultant with charles schwab. avo: what kind of financial consultant are you looking for? talk to us today.

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government phone and internet surveillance programs. the guardian newspaper in the uk is releasing what it calls part two of an interview he did last month. in it, ed snowden predicted the feds would charge him with espionage and two weeks later they did. he also told journalist glen greenwald and film maker laura that executives at some of america's biggest tech companies lied when they denied that they gave the government direct access to their servers. >> companies like google, facebook, apple, microsoft, they all get together with the nsa and provide the nsa direct access to the back ends of all the systems you use to communicate, to store data, to put things in the cloud. and even just to send birthday wishes and keep a record of your life. >> shepard: so far from no response from any of those companies. as far as we know ed snowden is still hiding out in the france sit zone of the airport.

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nic rag bra, venezuela have offered asylum. venezuelan officials gave him until today to accept the offer. no word on whether he has even responded. catherine herridge on the top story at the bottom of the hour. live in washington. he says now that we were lied to that the congress was lied to about what they do. >> well, that's right, shep. snowden says the nsa biggest lies that it only collects overseas data. the nsa doesn't limit itself to foreign. it everyone's calls, everyone's call records and everyone's internet traffic as well. >> snowden also claims in the interview the telecom companies like verizon have few choices when the nationalsecurity courts say they must hand over the telephone logs for millions of americans on why he decided to leak classified programs -- >> -- we're compounding the excesses of prior governments and making it worse and more invasive and no one is really standing to stop it.

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>> what we don't know is why part two of the snowden interview was held for a month and why there are different versions of it. one released by britain's guardian newspaper and the second by film maker laura partres. >> shepard: any news from the feds on all this you? stuff. >> whether it still stands behind alexander's statement where insisted the nsa collects foreign intelligence and does not collect on americans, period no part one. while i cannot go into all the details of the utah data center, we don't hold data on u.s. citizens. you know, i think one of the things from my perspective that is grossly misreported emails and stick them down all the u.s. emails and put them down some place in the united states. >> the massive nsa utah data facility which can hold five data bites of data, that's equal to about

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300 billion iphone fives is on track to open this fall. asked to explain how the general statement leaked documents that show the millions of american phone leakers sending fox a transcript from a recent alexander speech that does not address our question, shep. >> shepard: catherine herridge, thank you. a group is now asking the supreme court to stopped nationalsecurityagency from collecting phone records from millions of verizon customers. officials at the electronic privacy information center say only the justices can overrule the foreign intelligence surveillance court or fisa which oversees the surveillance programs. the white house now says that the united states strongly condemns the violence in egypt. but as the crisis there take as turn for the very much worse, the white house also says for now it will not cut off aid to egypt this after records indicate more than 50 people died today during fighting between former supporters

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of the president and the military it was the deadliest confrontation since egypt's generals removed mohammed morsi from power last week. the military has installed an interim president but has not indicated when there will be new elections. though there is some indication that there will be parliament tear elections in about six months. egypt borders israel and libya and is our most important arab ally. the white house today said the u.s. is reviewing whether morsi's removal was by its standards a military coup. and the decision could effect the more than $1 billion in military aid that we give egypt each year. "the fox report's" correspondent jonathan hunt is with us here on all of this. as it turns out we just gave them their aid for this year a short time ago. the question now is about @nexttom more about our relations. >> yeah. and it all comes down to whether the u.s. considers this a coup or not the difficulty here is few u.s. officials are shedding any tears over ouster of islamist president in egypt.

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at the same time u.s. law, the foreign assistance act of 1961 explicitly says the administration cannot financially support an army that is involved in a military coup. so, for now, u.s. officials choosing their words very carefully. listen. president obama made clear our deep concern about the decision made by the egyptian armed forces to remove president morsi from power and suspend the constitution. it is also important to acknowledge that tens of millions of egypses have legitimate grievances with president morsi's undemocratic form of governance and the white house spokesman said that many of those as he put it tens of millions of egyptians do not consider the events of last week a military coup, rather they consider it people power, shep. >> it's a matter of convenience, really. the united states has been in bed with that military for decades. there is no question. yet, some lawmakers are saying cut off this aid among those lawmakers

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republican senator john mccain says undoubtedly what happened this week was a military coup. therefore, the united states has a moral obligation to withdraw that $1.3 billion a year of aid to the egyptian military. some analysts say that would be a mistake. egyptians if the united states punished the military for stepping in to averdict state failure. many egyptians are frustrated with a u.s. policy that has backed the brotherhood that has declined to criticize the brotherhood non-drachma niewfers. >> this is a debate that will no doubt go on for some time. especially if as many people fear the violence becomes much worse, shep. >> shepard: kicking out the president is not particularly democratic but it seems to have worked for them. jonathan, thank you. more than half a million people who work at the

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pentagon had today off without pay. that's thanks to the white house and congress. they could not cut a deal earlier this year to prevent automatic spends cuts, so pentagon workers will have to take 10 more days off by the end of september. officials say that works out to a pay cut of about 20%. hotel collapse is killing at least a dozen people and hurting at least 18 more. that tops our news around the world in 80 seconds. india. happened this morning in the southern state. rescue crews had to use cranes to search through the rubble. police say the victims are likely hotel staff and construction workers? according to local media, the two story hotel was about 80 years old. no word on what caused it to collapse. enforcement of building standards is reportedly lax across india. spain. the first day of the annual running of the bulls in. there was a moment neither end of the run where the last bull into the ring got confused and turned back

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towards the runners. but it eventually entered without charging anybody. only four people hurt. festival officials say that is fewer than usual and that the injuries were minor. nobody gored. china. take a look at this. tourists gathered with umbrellas to watch workers clean out a dam in the country's eastern province. workers do this once a year to remove hundreds of tons of silt that build up and slow the water through a reservoir. taiwan, a giant panda named juanjuan gave birth to a newborn cub. holding the newborn in her mouth. experts will spend a month keeping an eye on the cup and that's a wrap on this fox trip around the world in will 80 seconds. texas is moving closer to another vote over its controversial proposed

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abortion restrictions. reaction from supporters and opponents and where this thing is going next. plus, careful with the cleaning. once continuer is over. a new study shows how your dish wash can right now contain a fungus that could cause lung infections. first, there is a new tropical storm barreling across the atlantic. let's get to janice dean tracking schwabb -- shawntel, janice. >> here is shawntel 45 mile-per-hour sustained wind barrel through the antilles the next 12 to 24 hours. moving quickly and watching carefully as it crosses over he is pan nola and bahamas and we get uncertainty. flerld and southeast will have to monitor this. also watching severe storms across the northern rockies, potential for hail, damaging winds and even tornadoes. keep you up to date. more fox report returns after the break. [ all ] fort benning, georgia in 1999.

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>> shepard: he says no more. the longest serving governor in the state of texas will not run for re-election next year. governor perry said so today. >> i'm grateful for the privilege that texans have allowed me. until i leave this office, i will continue working hard to do -- >> shepard: what's behind this? governor perry assumed office in the year 2000. after then governor george w. bush left to become president. governor perry ran unsuccessfully for president a couple of years ago and now there is speculation and maybe more that he may try again in 2016. governor perry has not announced any decision on that. so we don't know. but today he said he will pray and reflect to determine his own future path. governor perry says he is confident that a controversial new abortion bill is going to pass the texas state legislature. last month the democratic state senator filibustered for about 12 hours to stall the bill which bans abortions after 20 weeks into pregnancy. it could also force many

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abortion clinics doors. a marathon public hearing is underway now at the state capitol expected to go all night and activists are on the side of scene to make voices heard. shannon bream is live tonight, shannon. >> in addition to the ban on most abortions after 20 weeks texas senate bill one would require clinics to meet minimum safety medical standards including a mandate that doctors performing abortions have hospital privileges within 30 miles just in case anything goes wrong with their patients if they have complications. advocates on either side of the bill are deeply divided. >> you are five months pregnant. you are visibly pregnant. the baby is moving and kick. this is a baby right on the cusp of viability. >> on the other side richards the planned parenthood action fund quote people don't want politicians making women's private decisions cutting off access to life saving prevent safe and legal abortion and absolutely no l. not stand for it the

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chair of that which i says testimony will consider until 6:00 a.m. eastern tomorrow morning. shep? >> shepard: shannon, about a half hour ago we got word that a judge in wisconsin has issued a temporary order that blocks enforcement of a new abortion law there that particular law requires any woman who wants an abortion to first an ultrasound image of her fetus. several groups sued to block the law from taking effect. well, your dishwasher may contain a harmful fungus that could give you lung problems and skin infections. that's from a just out study published in a medical journal. researchers have found more than 60% of dishwashers, more than 60% of them tested positive for the fung guy we have listed on the screen here. they say these harmful fung guy thrive in warm, damp conditions. hello dishwasher. some even breed in the rubber seals in dishwasher doors. so what do you do? experts say can you reduce the amount of fung guy using every day items already in your home like baking soda, vinegar and

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bleach and google it there is more to do and nasty. congress has a lot of very important issues to get to following a 40 of july break. there is word now that immigration reform could already be facing some brand new trouble. we will have the details on that. plus, the twinkie is coming back at last. but it won't be the same snack you remember. the twinkie changes coming up. when you experience something great, you want to share it. with everyone. that's why more customers recommend verizon, america's largest 4g lte network.

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well, congress took a week off from doing nothing except the usual partisan fighting to celebrate the fourth of july. today lawmakers got back to work. and you can bet that the immigration reform and rising cost of student loans are very near the top of the agenda. mike emanuel covers these people. house republicans tried to go on the offensive today on student loans, huh,

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shep. >> that's right. the house already passed a bill that would have those student loan interest rates set by the market. they blasted the senate. they gathered about 100 congressional interns out on the steps of capitol today. many we're told have student loans. republican leaders note their plan is similar to what president obama had in his budget have politicians set those interest rates. late today speaker boehner called on president obama to lead and the senate to act. >> the white house and senate democrats have left let these students down. frankly i think they deserve better. it's time for the president to lead. it's time for him to bring senate democrat leaders together and develop a solution. the house has done its job. it's time for the senate and the white house to do its job. >> the problem is there is a split among senate democrats. we will see how they work that out. senate majority leader harry reid is trying to get the house republicans to

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volt on bipartisan reed notes there is nothing wrong with voting on a bills that moderates from both parties can support. >> eventually he will be forced to take up the bill that we have passed here where the country will be left with no immigration reform at all which is a bad, bad outcome. the speaker should dispense with posturing and delay and should do the right thing and he should do it now. >> boehner says he does not intend to take up the senate bill. the house will township its own, shep? >> shepard: mike, congress may break a record this year for being unproductive. last year the record low in the history of the nation since analysts started keeping track anyway back in 1947. this year congress has passed just 15. police in georgia say they have arrested the son of the nfl star lawrence taylor on statutory rape charges. cops in suburban atlanta

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say lawrence taylor jr. is accused of having sex with two underaged girls. back in 2011 his father got probation after having sex with underage pro prostitute of his only. legal analyst arthur aidala represented lawrence in that case. an 80-ton whale flicked its tail right into a surfer's head. knocked him out. but he survived and he is talking and you will hear from him. plus, star power on the jersey shore today. we'll tell you the special gift that rocker bon jovi presented to the new jersey governor chris christie. ♪ ♪ let it rock ♪ let it roll ♪ you can't stop the firee da burning out of control. cialis tadalafil for daily use helps you be ready anytime the moment's right. you cabe more confident in your ability to be ready. and the same cialis is the only daily ed tablet

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approved to treat ed and symptoms of bph like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immedte medical hel for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial.

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>> shepard: a surfer in australia said he learned the hard way why you do not get close to a massive whale swimming with a calf in the ocean. here is the video. it's hard to see.

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it shows the whale whipping its tail into that surfer. >> i remember thinking to myself if he flicks his tail, i'm probably going to get hit. it was, you know, so quick and that was it. >> i was, you know, i was a bit dreamy. sort of almost thought it wasn't real. >> well, it was. now his head has a big bump and he is doing all right according to the doctors. singer bon jovi teamed up with the jersey governor chris christie today in rock star's new jersey hometown where bon jovi presented the governor a personal check for $1 million for the state's hurricane sandy relief fund. they call it the garden state -- well, the garden state native said he wanted to help his hometown and he did in a big way. only one more week until all is right in the world. and twinkies return to store shelves. hostess shut down production back in november after contract problems with its largest union. another company later bought the rights to twinkies, when they come back, they will have a shelf life of 45 days. instead of 26. we don't care how they

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accomplish that because twinkies are not health food. updating some of fox top stories tonight. the judge in the george zimmerman murder trial ruled jurors can hear of a report showing trayvon martin had small amounts of thc in his body when he died. that, of course, the active ingredient in marijuana. the country music star randy travis is listed in critical condition tonight. his publicist says randy travis is suffering from a viral infection in his heart. and on this day in 1918, a mortar attack severely wounded earnest hemming way during world war i. hemingway was handing out chocolate and cigarettes to troops on the italian front when an as you industryian mortar struck him. the blast knocked him out and it killed two soldiers. his experience later became the centerpiece of a novel, a farewell to arms. but the bell nearly tolled for him 9 a years ago today.

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1918 was quite a year. and now you know the news for this monday, july the 8th, 2013. i'm shepard smith. we're back tomorrow for "studio b" and fox report, which comes right before. this. >> bill: the o'reilly factor is on. tonight: >> [shouting] >> bill: two christian activists attacked at a gay rally in seattle. the situation gets out of hand. why does this kind of thing continue to happen? we'll have a special report. >> very difficult bill to pass because there is a lot of moving parts. and for legislative process can be ugly. >> strike over immigration reform also very apparent within the republican party. how will the g.o.p. solve this huge problem? we will tell you. >> the law as written probably can't work. >> i think the whole thing may collapse. >> bill: brit hume s